Can you be charged with a dui if not driving

Answered by wiki @

Yes. In CA at least, DUI is one of the exceptions to the misdemeanor committed in the presence rule. In other words, the officer can arrest you for DUI even if he didn’t directly witness your driving, but can surmise from witnesses or the circumstances that you were likely driving under the influence.
For example, an officer gets a call of a traffic collision that just occurred. He arrives seconds later to find a man, drunk, behind the wheel of a car. He is the sole occupant, and the airbag deployed, spraying white chalky dust all over his face. His seatbelt is still on, and it has expanded due to restraining the weight of the driver during impact. The officer is free to assume that the person behind the wheel is the person who was driving just before he arrived, and can arrest the person for DUI even though the officer didn’t actually see him driving.

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